Driving While Intoxicated (DWI) is the most common charge we defend in Dallas, and one that we have experience beating. Our team includes former judges, former prosecutors, DWI scientists and seasoned criminal defense attorneys that all share one goal: to get your DWI dismissed.

Even though DWI is a common charge in the DFW area, the stakes are high. Even a first time conviction can lead to 180 days in jail (though our clients rarely if ever see jail time) and massive fines. Not to mention the implications on auto insurance, employment, and your driver’s license.

But rest assured, if you hire us, our goal is to get your charge dismissed, or the least amount of consequences possible. On this page, we’ll show you how we do it.

The Dallas DWI Defense Team

A DWI defense is only as good as the team you have defending you. Our goal is to have the highest standards possible for the laywers we bring on. We only hire veteran lawyers with many years experience.

As you can see below, our team includes many veterans in the Dallas-Fort Worth area who know the ins and outs of the court system, and use that knowledge to your advantage.

Holly Fox

Senior Attorney

Holly has been on literally every side of the justice system.  With experience as a prosecutor, an FBI Agent, a defense attorney, a criminal magistrate, and a municipal court Judge, she has in-depth knowledge of how all sides will approach a case.

After law school at Texas Tech, Holly served as an Assistant Criminal District Attorney in Hidalgo County, Texas, where she prosecuted numerous misdemeanor and felony cases. In 1998, she joined the Federal Bureau of Investigation (FBI) as a Special Agent in the New York field office.

Returning to North Texas in 2002, Holly launched a thriving criminal defense practice, handling cases ranging from misdemeanor DWI to murder. Additionally, she served as a contract municipal court prosecutor for several municipalities across Denton, Tarrant, and Dallas Counties. Over the past nineteen years, Holly has served as a Municipal Court Judge and Criminal Magistrate for multiple municipalities in Denton, Dallas, and Sherman Counties.

Zach Reddington

Senior Attorney

With 20 years of experience defending clients against DWI charges in the Dallas area, Zach Redington boasts a winning jury trial record.

Born and raised in Dallas, Texas, Zach’s approachable manner and affable demeanor have enabled him to build trust and rapport with clients, local judges, prosecutors, and juries. From DWI to sexual assault to the myriad of other potential criminal accusations, Zach approaches each case with a sense of urgency, understanding the duress that criminal accusations can inflict upon the accused.

Zach graduated from the University of Texas School of Law. During law school, Zach earned the honor of serving as an intern in the Texas Court of Criminal Appeals and as a law clerk for a criminal defense lawyer in Austin, Texas. Zach graduated from Woodrow Wilson High School and received a Bachelor of Arts degree from Wake Forest University

Bobby Leahy

Senior Attorney

Attorney Bobby Leahey is a Senior Trial Lawyer at Michael & Associates.  He has defended against DWIs all over Texas but ultimately settled in Dallas to advocate for the accused.

Upon graduation from college, Bobby worked various jobs from management to high school educator.  He decided to pursue his lifelong desire to practice law, and attended The University of Miami School of Law, graduating with a Juris Doctorate degree in 2010.  Shortly after graduation, he passed the Florida Bar Exam, and relocated to his home state of Texas, where he successfully passed the Texas Bar Exam as well.  With a strong desire to help clients accused of crimes, he began his practice in Odessa, Texas, a city with one of the highest crime rates in the country.

Bobby’s practice flourished as he gained experience in every type of case, from simple misdemeanor theft to crimes such as attempted capital murder.  As he progressed in his career, Bobby opened a second office in Ft. Worth, Texas, where he was able to assist more clients in a broad array of cases.  Bobby has handled a variety of cases throughout the state of Texas and has zealously advocated for clients for over a decade.  He joined Michael & Associates in 2022 to further the firm’s goal of providing zealous representation to every client, no matter how serious the charge.

Bobby believes in empathetic, respectful, compassionate, and passionate defense of every single client he works for.  He believes in advocating for his clients, and always acts in their best interest.  As a trial attorney, he is comfortable in the courtroom, and willing to litigate to achieve the best possible results on any given case.

Thomas Murphree

Senior Attorney

Thomas Murphree is a distinguished senior trial attorney at Michael and Associates, renowned for his unwavering dedication to criminal defense in the Dallas-Fort Worth area. He has been fighting DWI charges in the DFW area for nearly his entire career.

His exemplary skills and commitment have earned him the prestigious titles of “Texas Super Lawyer Rising Star” and “Top Attorney” (years 2019 – 2023) in Fort Worth and the DFW metroplex, reflecting his standing as a figure in the legal community. Thomas’s journey into law began with a solid foundation in Political Science from Texas Tech University, followed by his graduation from Texas A&M School of Law.

Over the past decade, he has honed his expertise in criminal law, navigating the complexities of dozens of high-stakes jury trials in local, state, and federal courts across Texas. His deep understanding of the legal system and his strategic acumen have been pivotal in securing favorable outcomes for his clients.

What sets Thomas apart is his philosophy that a successful defense is built on transparency, honesty, and open communication. He is known for his empathetic approach, taking the time to genuinely listen to each client’s needs and expectations. This personalized attention ensures that every defense strategy he crafts is tailored to the unique circumstances of the case, maximizing the chances of success.

Andrew Hughey

Senior Attorney

Andrew Hughey was born and raised in Dallas and has been practicing law for ten years. His mother was a public defender in Dallas County before she was appointed to be a magistrate judge. He grew up in the Frank Crowley courthouse.

When he earned his law license, Dallas didn’t offer many opportunities to try cases — particularly for fresh-faced prosecutors. Andrew wanted to try cases, so he had to venture about an hour outside of Dallas to Van Zandt County. In thirteen months there, he tried over thirty cases before a jury. And he only lost once.

After completing his stint prosecuting, he returned to Dallas to practice his true passion: criminal defense. Andrew has tried everything from DWIs to murder and is a dynamic presence in any setting. He has practiced in every county surrounding Dallas and made critical connections upon which he relies to achieve unthinkable results for his clients. He loves showing why each of his clients is exceptional. He uses photographs and family anecdotes to help prosecutors, judges, and juries see his clients as real people because it’s very hard to say no to a name on paper, but it’s very difficult to say no to a real person.

Michelle Andelman

Of Counsel

A native Dallasite, Michelle Andelman has been practicing law in the Dallas/Ft. Worth area since 1994. She graduated from the University of Texas at Austin with a B.S. in Elementary Education/Math and earned her J.D. at the University of Oklahoma College of Law.

She began her career handling medical and psychiatric malpractice cases at a small boutique firm in the Uptown area of Dallas. In 1996, she joined the Texas Department of Public Safety as a Staff Attorney for the Administrative License Revocation program. She was quickly promoted to Field Supervisor in 1998. During her 11 years at DPS, she handled thousands of ALR hearings for a busy Dallas docket and gained invaluable experience in this area of law.

Since 2007, Michelle has exclusively handled ALR hearings. She relies on her years of experience at DPS to provide the best ALR defense possible, helping us gather vital details about your case to better craft your DWI defense. She has also spoken at numerous continuing legal education seminars on ALR matters in the DFW area and contributed to the ALR chapter in a DWI manual.

In her spare time, she enjoys spending time with her husband and four children, gardening, watching movies, and attending concerts.

Testimonials

Recent DWI Cases

1st DWI – Case Dismissed

Location: Dallas, TX

Charge: Driving While Intoxicated

Allegations: Client was driving a few miles over the speed limit late at night coming home from a party. Police pulled him over and took him to the police station after he failed a field sobriety test.

Result: Case Dismissed after motion to suppress

2nd DWI – Charges Reduced

Charge: Driving While Intoxicated, 2nd Offense

Location: Dallas, TX

Allegations: Client made an illegal turn at an intersection only half a mile away from her house. A police car was hidden nearby and the officer pulled her over. She refused to take a breathalyzer test and instead failed one after being taken into custody on her second DWI offense.

Result: Case Plead Down to Reckless Driving

1st DWI – Case Dismissed

Charge: Driving While Intoxicated, 1st Offense

Location: Dallas, TX

Allegations: Client failed a breathalyzer test after being pulled over for swerving.

Result: Case Dismissed

What constitutes a DWI?

Driving While Intoxicated, according to Texas Penal Code § 49.04, involves being “intoxicated while operating a motor vehicle in a public place.”

Under Texas law, you are considered intoxicated if you lack control over your mental or physical facilities due to substances. This means that technically you do not need to have Blood Alcohol Content of 0.08%, though that is the typical standard. We’ve seen cases where breath results show below a 0.08%, but a client was still arrested because the police argued they were still intoxicated.

If pulled over, we recommend that you never perform a sobriety test or blow into a breathalyzer – that evidence can only be used against you. The cops may get a court order to compel you to give a blood sample, and in that case it’s best to cooperate.

If you did blow or have blood above 0.08%, don’t worry – we have multiple DWI scientists on staff who have extensive training on challenging the science of these results. We’ll get more into this later on.

Types of DWI Charges and Penalties

Just because a DWI is common in Dallas, it doesn’t mean that you’ll simply get a slap on the wrist and sent home. You could face some severe penalties if you do not put up a fight. Now before you freak out, please note that our clients rarely (if ever) experience the full consequences according to the guidelines.

DWI conviction penalties in the DTX area are listed below:

1st Offense: 

• Up to a $2000 fine
• Between 3 and 180 days in jail
• Loss of driver’s license for up to a year

As you can see, 1st time DWI offenses are Misdemeanors with stiff penalties at first glance. However, it’s highly unlikely you will have to do any jail time, or be unable to drive.

The only time we would ever expect you to do jail time is if you preferred to do jail time over probation. More likely is a period of probation, deferred adjudication, or a reduction to a much lesser charge.

2nd Offense:

• Up to a $2000 fine
• Between 1 and 12 months in jail
• Loss of driver’s license for up to two years

A second DWI is a Class A miedemeanor, with heightened penalties. But even still, we rarely see our clients have to serve jail time as a result of them. Our goal is always to get the case thrown out due to an issue with the evidence, but if the evidence is not in your favor, we are usually able to negotiate acceptable terms that do not include jail time.

3rd+ Offense:

• Up to a $10,000 fine
• Between 2 and 10 years in prison
• Loss of driver’s license for up to two years
• A felony on your record

A 3rd DWI is where things start to get serious. A 3rd DWI is a felony that can carry time in prison, not to mention a pretty bad mark on your record. Even still, we rarely see someone go to jail for a 3rd DWI in Dallas, assuming nobody was injured.

A big factor in a 3rd DWI is how long it has been since your prior DWI.

For more info on likely outcomes of second and third DWIs, watch this video that I recorded to go into the nuances of these.

DWI Enhancements

In addition to the 1st, 2nd, 3rd+ distintions, there are “enhancements” that can affect the penalties.

• DWI .15+: If you blew .15 BAC or higher the charge will get elevated and increase to a Class A Misdemeanor
• DWI With Open Container: This happens if you are pulled over with an open container of alcohol. Convictions require a minimum 6 day jail sentence.
• DWI with Child Passenger: This is a felony and can result in a prison sentence of up to 24 months.

What are the Actual Outcomes of DWI Charges in Dallas?

If you read the section above and you’ve facing DWI charges you’re probably a bit frightened. 180 days in jail for a single DWI seems ridiculous, right? Well, the reality is that the justice system works in a silly way.

The law gets written in a way that’s super punitive. But, because prosecutors realistically can’t afford to take every case to trial, it becomes a negotiation game.

We pulled the statistics for Dallas County to demonstrate what the actual outcomes are. It’s worth noting – these statistics include those that plead guilty or use a public defender. You should expect much better odds with a reputable defense firm.

Case Outcomes in Dallas

As we mentioned previously, most cases don’t end up going to trial – instead an outcome gets worked out with the prosecutor.

You can see the data from Dallas County DWI charges below.

First Time DWI: The most common outcome is conviction, but 41% receive deferred adjudication (a great outcome) and 10% result in a dismissal.

Second Time DWI: 73% of second time charges result in a conviction, so it’s important to hire an attorney for the best chance of keeping your record clean. Only 8% receive deferred adjudication, and 12% result in dismissal.

Felony DWI: 51% result in a conviction and 25% are put in the ‘All Other Outcomes’ category, which unfortunately, the data source does not define.

Conviction Sentences in Dallas

If convicted, you will receive a sentence. Below shows the distribution of sentence types for DWI convictions last year in Dallas County:

First Time DWI: Of 1st DWI convictions, 73% result in local jail, while 27% result in probation / community supervision. It’s worth noting, that sometimes you get ‘time served’ for the jail time you spent post arrest.

Second Time DWI: Roughly 44% of convictions result in jail time, and 55% result in probation / community supervision.

Felony DWI: Of felony DWI convictions, 19% result in jail time. 81% are bucketed in the ‘other’ category, which unfortunately the state government does not provide a breakdown of.

How a Dallas DWI Conviction Affects Auto Insurance Rates

In Dallas, the average annual cost of car insurance is $816. For drivers with DWI convictions, the average annual cost of auto insurance is $1,175, an increase of $359.

Breakdown by Gender

Breakdown by Age

Our Playbook to Beating DWIs in Dallas

We have developed a playbook that we use to beat and / or mitigate DWI charges in the DFW area. We can’t go into details, because we don’t want prosecutors to know it, but here are the cornerstones of it.

1. Keep You Driving – ALR Hearing: Before we deal with the criminal aspect of the case, we have to deal with your driver’s license. You have 15 days from arrest to request what’s called an ALR Hearing, where an attorney fights to keep your driver’s license. Most lawyers expect to lose this hearing and treat it like a formality. Not us – we have specialists that only do ALR hearings and nothing else. Our statistics show that we are far more likely to win the hearing and keep your license. Additionally, we leverage this hearing to cross-examine the arresting officer, hopefully finding inconsistencies that we can later use to fight your criminal charges.
2. ODL Process: Unfortunately, we can’t win every ALR hearing. But if you lose your license, we can get you an Occupational Driver’s License that lets you drive wherever you need to. At the time we wrote this, we have yet to apply for an ODL and have it rejected.
3. Challenge the Traffic Stop: When a cop pulls you over, all the footage is recorded. We watch the entire video meticulously to see if the officer did not have probable cause to pull you over. If we have a chance, we’ll file a motion to suppress evidence. If a judge decides that the traffic stop wasn’t valid, all the evidence gets thrown out and we are likely to get your case dismissed.
4. Challenge Blood and Breath Results: We have multiple DWI scientists on staff who go through a rigorous, multi-year training to become experts at blood and breath work. Our goal is to challenge this evidence and use it to get your case dismissed.
5. Watch Arrest Video in Detail: This is when you are actually arrested, and often includes video of a field sobriety test. Here we look for many things, but the main one is whether you look drunk or not. If you look fairly sober, we can present that to a prosecutor and say “look, our client looks pretty sober – do you want a jury to see this and decide?”.
6. Mitigation Packet: The reality is that many cases simply have evidence that is not in your favor. When this is the case, it’s our job to show you as a human to the prosecutor. We’ll prepare a “good guy / girl packet” to demonstrate that you are in fact a good person, who simply made a mistake, and that convicting you of a crime is not in the best interest of the community.

Frequently Asked Questions

What sets Michael & Associates apart?

Michael & Associates stands out from the rest of the pack, because we provide all of our clients with special treatment and give them the best results possible.

That starts with senior attorneys only – we do not hire baby lawyers. Our lawyers in the Dallas area on average have well over a decade’s experience fighting DWI charges.

It’s also about client service – this is stressful and our goal is to provide white glove service. You’ll have a direct line to your attorney and their legal assistant. If you have a question for your attorney, they will always get back to you the same business day (or next day if after hours)

What is the legal limit for drunk driving in Dallas?

Whether you’re in Dallas or on the other side of the state, Texas has the same limit for blood alcohol content (BAC) when driving. You will be charged with a DWI if you’re caught with 0.08% or above BAC. The BAC is a measurement of how much of your blood is made up of alcohol. For example, 0.09% BAC means 0.09% of your blood is alcohol.

There is no cheat sheet or special limit for how many drinks it takes to put you over the BAC limit. A big football player and a tiny dancer will likely have different limits. It all depends on your age, size, how many drinks you’ve had, the strength of the drinks you’ve had, the time that passed between each drink and the time you started driving, and your tolerance to alcohol. If you’re unsure if you’re above the limit, it’s a better idea to wait until you’re sure of your sobriety before driving. What are the penalties for a DWI in Dallas?

In Dallas and Collin County, you will receive different penalties depending on how strong your defense is and how many previous offenses you’ve had.

What should I do if I’m pulled over and accused of drunk driving?

While the bulk of your chances in court depend on your defense team, there are steps you can take if you’re pulled over to ensure a smoother time.

One of the most important tips for the whole ordeal is to remain as polite and level-headed as possible. Even if the police officer has a rude attitude with you, you should remain calm as it will reflect better on you in court especially if the interaction was filmed.

When being pulled over, find a safe place to park as soon as you can. Remember that real life is not an action movie – never try to evade the police as you can face life ruining criminal charges and harm yourself or others.

After being pulled over, the officer will approach your vehicle. He or she will ask for your license, registration, and proof of car insurance. Before reaching for these documents in a calm manner, let the officer know where they are. Do not do anything to scare or startle them.

Officers need a good reason to pull you over. They will most certainly ask if you know why you’ve been stopped. Never answer this question – even if you know you did something wrong, it is in your best interest to simply say “no sir” or “no ma’am” as it will aid in your defense. After that, do not answer any questions. Simply say that you are not comfortable answering any questions without an attorney present.

The police will ask you to take a field sobriety test and/or a preliminary breathalyzer test. It is within your rights to refuse these initial tests. If you’ve been drinking that night, it is almost always a good idea to refuse the tests if you’re not 100% sure you’ll pass them. Simply let the officer know you do not wish to take the test and let them know you would prefer to speak to your attorney before taking any tests.

You can do everything right in these interactions and still end up at the police station. It is more likely to happen if you have been slurring your speech when talking with the officer or if you show any other visible signs of being drunk. Having an alcohol smell to your breath or clothing will also hurt your case.

Once you’ve been arrested, you are likely to be asked to take either a blood test or a breathalyzer to establish your BAC to see if it’s over the legal limit. You can refuse this request, but it could lead to a suspension of your license. If you fail the test, though, it can also lead to the same result. Either way, your attorney will help guide you through your case to restore your license if this happens.

If you refuse all of the tests, a persistent officer may get a warrant to compel you to take them. This will take time and might lead to your BAC lowering to the legal limit before any tests can be taken.

Never answer anything during the questioning process beyond what is absolutely necessary without your lawyer being present. Request the ability to call your lawyer as soon as you can.

Should I fight my DWI?

Yes. Even if you were caught with a high BAC, you should fight with a competent defense team at your side. Cases have been dismissed and charges have been minimized to almost nothing even in the worst cases when the person charged has put up a strong fight. These charges can determine the type of future you have – don’t give up.

Related DWI Resources

• 2nd DWI in Texas? Laws, Penalties, and How to Fight It
• 1st DWI in Texas? Here’s What to Know
• What Are the Chances of Dismissal of DWI in Texas?
• Texas’ Zero-Tolerance Law: What it Means for Drivers Under 21
• How to Replace a Texas Driver’s License after a DWI

Contact Information

If you’re looking for a Dallas-area defense attorney, the simplest way to get in touch is to schedule a free case review. We will set up a time with one of our senior attorneys to review the preliminary details of your case and determine if it’s a good fit.

Address: 6301 Gaston Ave., Suite 1524, Dallas, Texas 75214

Phone: (214) 253-4143

Nearby Locations:

• Mckinney
• Plano
• Denton
• Fort Worth

Ben Michael

Ben has vast experience in defending criminal cases ranging from DWIs to assault, drug possession, and many more. He has countless criminal charges dismissed and pled down. Among many other awards, one of the Top 10 Criminal Defense Attorneys in Texas and winner of Top 40 under 40.